TERMS OF SERVICE
BY VISITING DELANIEFISCHER.COM, YOU ARE CONSENTING TO OUR TERMS AND CONDITIONS.
The terms “we,” “us,” and “our” refer to DELANIE FISCHER. The term the “Site” refers to
DELANIEFISCHER.COM. The terms “user,” “you,” and “your” refer to site visitors, customers, and any other users of the site.
SELF-HELPLESS PODCAST, CAREER CRUSH THE PODCAST, FREE SH*T RESOURCES, THE D-LIST,
1-1 CONSULTING, GROUP TRAININGS (the “Service”).
Use of DELANIEFISCHER.COM, including all materials presented herein and all online services provided by DELANIE FISCHER, is subject to the following Terms and Conditions. These Terms and Conditions apply to all site visitors, customers, and all other users of the site. By using the Site or Service, you agree to these Terms and Conditions, without modification, and acknowledge reading them.
USE OF THE SITE AND SERVICE
To access or use the Site, you must be 18 years of age or older and have the requisite power and authority to enter into these Terms and Conditions. Children under the age of 18 are prohibited from using the Site. Information provided on the Site and in the Service related to consulting, career, and lifestyle and other information are subject to change. Delanie Fischer makes no representation or warranty that the information provided, regardless of its source (the “Content”), is complete, current, or error-free. Delanie Fischer disclaims all liability for any inaccuracy, error, or incompleteness in the Content.
In order to use the Service, you may be required to provide information about yourself including your name, email address, and other information. You agree that any registration information you give to Delanie Fischer will always be accurate, correct, and up to date. You must not impersonate someone else or provide account information or an email address other than your own. Your account must not be used for any illegal or unauthorized purpose. You must not, in the use of the Service, violate any laws in your jurisdiction.
You may use the Site and Service for lawful purposes only. You agree to be financially responsible for all purchases made by you or someone acting on your behalf through the Site. You agree to use the Site and to purchase services or products through the Site for legitimate, non-commercial purposes only. You shall not post or transmit through the Site any material which violates or infringes the rights of others, or which is threatening, abusive, defamatory, libelous, invasive of privacy or publicity rights, vulgar, obscene, profane, or otherwise objectionable, contains injurious formulas, recipes, or instructions, which encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any law.
REFUSAL OF SERVICE
The Services offered are subject to our acceptance of your order or requests. We reserve the right to refuse service to any order, person or entity, without the obligation to assign reason for doing so. No order is deemed accepted by us until payment has been processed. We may at any time change or discontinue any aspect or feature of the Site or Service, subject to us fulfilling our previous responsibilities to you based on acceptance of your payment.
We will email you to confirm the placement of your order and with details concerning product delivery. In the event that there is an error in this email confirmation, it is your responsibility to inform us as soon as possible.
MATERIAL YOU SUBMIT TO THE SITE
You shall not upload, post or otherwise make available on the Site any artwork, photos, or other materials (collectively “Materials”) protected by copyright, trademark, or other proprietary right without the express written permission of the owner of the copyright, trademark, or other proprietary right, and the burden of determining that any Materials are not so protected rests entirely with you. You shall be liable for any damage resulting from any infringement of copyrights, trademarks, or other proprietary rights, or any other harm resulting from such a submission. For all Materials submitted by you to the Site, you automatically represent or warrant that you have the authority to use and distribute the Materials, and that the use or display of the Materials will not violate any laws, rules, regulations, or rights of third parties.
INTELLECTUAL PROPERTY RIGHTS TO YOUR MATERIALS
We claim no intellectual property rights over the material you supply to Delanie Fischer. You retain copyright and any other rights you may rightfully hold in any content that you submit through the Site or Service. Content you submit to Delanie Fischer remains yours to the extent that you have any legal claims therein. You agree to hold Delanie Fischer harmless from and against all claims, liabilities, and expenses arising out of any potential or actual copyright or trademark misappropriation or infringement claimed against you.
REFUNDS AND CANCELLATIONS
We do not provide refunds of any kind for any reason.
OUR INTELLECTUAL PROPERTY
The Site and Service contain intellectual property owned by Delanie Fischer, including the Delanie Fischer logo, all designs, texts, graphics, trademarks, copyrights, proprietary information, and other intellectual property. You may not modify, publish, transmit, participate in the transfer or sale of, create derivative works from, distribute, display, reproduce or perform, or in any way exploit in any format whatsoever any of the Site or Service Content or intellectual property, in whole or in part, without our prior written consent. We reserve the right to immediately remove you from the Service, without refund, if you are caught violating this intellectual property policy.
During a paid private consulting or group training experience, recipient acknowledges that they will have access to and become acquainted with various trade secrets, personal information, inventions, innovations, processes, information, records and specifications owned or licensed by the Owner and/or used by the Owner in connection with the operation of its business including, without limitation, the Owner's contacts, business and product processes, proprietary formulas, systems, procedures, methods, customer lists, distributor lists, marketing plans, business plans, finances and agreements with third parties (hereinafter referred to as “Confidential Information") in pursuit of the Purpose. Confidential Information shall not include any information which (i) becomes available to the public through no breach of confidentiality by Recipient, (ii) was in Recipient's possession prior to receipt from the disclosure, (iii) is received by Recipient independently from a third party free to disclose such information, or (iv) is independently developed by Recipient without use of the Owner's Confidential Information.
The Recipient agrees to keep absolutely secret and not to disclose and not to convey any of the aforesaid Confidential Information, directly or indirectly, or use any of them in any manner, either during the term of this Agreement or at any time thereafter, except as directed by the Owner. Recipient shall not disclose or permit disclosure of any Confidential Information of the Owner to third parties or to employees of the Recipient, other than directors, officers, employees, consultants and agents who are required to have the information in order to carry out the Engagement. Recipient agrees that it shall take all reasonable measures to protect the secrecy of and avoid disclosure or use of the Confidential Information of the Owner in order to prevent it from falling into the public domain or the possession of persons other than those persons authorized under this Agreement to have any such information. Such measures shall include, but not be limited to, the highest degree of care that the Recipient utilizes to protect its own Confidential Information of a similar nature, which shall be no less than reasonable care. Recipient agrees to notify the Owner in writing of any actual or suspected misuse, misappropriation or unauthorized disclosure of Confidential Information of the Owner which may come to the Recipient's attention.
In the event of participation in a Delanie Fischer group experience, Client agrees to the recording and distribution, for sales or otherwise, of group experience by Delanie Fischer. Client agrees not to disclose the confidential or proprietary information or ideas of other participants in group experience. Client's breach of confidentiality, if discovered during the term of this agreement, may result in cancellation of Client's participation in group experience.
We may at any time amend these Terms and Conditions. Such amendments are effective immediately upon notice to you by us posting the new Terms and Conditions on this Site. Any use of the Site or Service by you after being notified means you accept these amendments. We reserve the right to update any portion of our Site and Service, including these Terms and Conditions, at any time. We will post the most recent versions to the Site and list the effective dates on the pages of our Terms and Conditions.
LIMITATION OF LIABILITY
You agree that under no circumstances shall we be liable for direct, indirect, incidental, consequential, special, punitive, exemplary, or any other damages arising out of our use of the site or service. Additionally, Delanie Fischer is not liable for damages in connection with (I) any failure of performance, error, omission, denial of service, attack, interruption, deletion, defect, delay in operation or transmission, computer virus, or line or system failure; (II) loss of revenue, anticipated profits, business savings, goodwill or data; and (III) third party theft of, destruction of, unauthorized access to, alteration of, or use of your information or property, regardless of whether such liability arises in contract, tort, or any other theory of legal liability.
THIRD PARTY RESOURCES
The Site and the Service contain links to third party websites and resources. You acknowledge and agree that we are not responsible or liable for the availability, accuracy, content, or policies of third party websites or resources. Links to such websites or resources do not imply any endorsement by or affiliation with Delanie Fischer. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.
EFFECT OF HEADINGS
The subject headings of the paragraphs and subparagraphs of this Agreement are included for convenience only and shall not affect the construction or interpretation of any of its provisions.
ENTIRE AGREEMENT; WAIVER
This Agreement constitutes the entire agreement between you and Delanie Fischer pertaining to the Site and Service and supersedes all prior and contemporaneous agreements, representations, and understandings between us. No waiver of any of the provisions of this Agreement by Delanie Fischer shall be deemed, or shall constitute, a waiver of any other provision, whether or not similar, nor shall any waiver constitute a continuing waiver. No waiver shall be binding unless executed in writing by Delanie Fischer.
The terms “we,” “us,” and “our” refers to DELANIE FISCHER. The terms “user,” “you,” and “your” refer to site visitors, customers, and any other users of the site.
The term “personal information” is defined as information that you voluntarily provide to us that personally identifies you and/or your contact information, such as your name and email address.
SELF-HELPLESS PODCAST, CAREER CRUSH THE PODCAST, FREE SH*T RESOURCES, THE D-LIST,
1-1 CONSULTING, GROUP TRAININGS (the “Service”).
INFORMATION WE COLLECT
This Site only collects the personal information you voluntarily provide to us, which
Email addresses and first name in order to subscribe visitors to announcements about podcast episodes and exclusive offers.
Email addresses, first and last name, and brief information about your business or project in order to respond to your inquiry about coaching.
The information you provide is used to process inquiries, send periodic emails, and improve the service we provide. We do share your information with trusted third parties who assist us in operating our website, conducting our business, and servicing clients and visitors. These trusted third parties agree to keep this information confidential. Your personal information will never be shared with unrelated third parties.
THIRD PARTY LINKS
We maintain security measures to protect your personal information from unauthorized access, misuse, or disclosure. However, no exchange of data over the Internet can be guaranteed as 100% secure. While we make every effort to protect your personal information shared with us through our Site, you acknowledge that the personal information you voluntarily share with us through this Site could be accessed or tampered with by a third party. You agree that we are not responsible for any intercepted information shared through our Site without our knowledge or permission. Additionally, you release us from any and all claims arising out of or related to the use of such intercepted information in any unauthorized manner.
CHANGES TO THIS POLICY
By participating in/listening/reading all information on my website/email series/podcasts/services/products, you acknowledge that I am not a licensed psychologist or health care professional and my services do not replace the care of psychologists or other healthcare professionals. Consulting is in no way to be construed or substituted as psychological counseling or any other type of therapy or medical advice. I will at all times exercise my best professional efforts, skills and care. However, I cannot guarantee the outcome of Consulting efforts and/or recommendations on my website/email series/podcasts and my comments about the outcome are expressions of opinion only. I cannot make any guarantees other than to deliver the services purchased as described.